What are restraining orders? Restraining orders, also called abuse protection orders in Massachusetts, are court orders that are aimed at preventing someone from potentially harming, actually harming, or harassing someone who may or may not be in their family....
How Long Do You Have to Be Married In Massachusetts to Get Half?
If you have heard that the assets of you and your spouse could be split 50/50 by a Massachusetts court, then you are only partly correct. Of the 50 states, only 9 of them are what are called community property states. In these states (which include Washington,...
5 Things Testators and Executors Should Never Do in Massachusetts
Estate planning in Massachusetts requires knowledge and precision – and this means that knowing what to do is equally important as knowing what NOT to do. The law heavily regulates the subjects of Wills and estate administration. Since the goal of making a Will is to...
Making a Valid Will and Three Estate Planning Tools in Massachusetts
There is only one thing more important than making a Will in Massachusetts - it is making a valid Will. There are different sets of legal requirements for a Will to be valid in Massachusetts and they include: Capacity (such as age, soundness of mind, the appointment...
False Allegations Made in a Divorce in Massachusetts
Deciding child custody arrangements before a divorce can be frustrating when the two parents disagree about how they should be made. If the parents cannot come to a mutually acceptable decision about child custody themselves, or with the help of a counselor and/or...
Modifications to Alimony Payments in Massachusetts
Several circumstances may require a former spouse to request a modification to an alimony order. Some of them include: the reduction or cessation of the income of the paying spouse (e.g., economic difficulties or loss of job not deliberately caused by the paying...
Unmarried Parents vs Married Parents Rights to Custody in Massachusetts
Separating from a spouse or partner when you have children who are not yet old enough to look after themselves is often an anxious and challenging experience. In Massachusetts, there is a clear distinction between the rights of married couples who are going through a...
Deciding Pet Custody in a Divorce Case in Massachusetts
Parting with your spouse may be very painful or good riddance, but never with your innocent pet. For couples who have both developed a deep emotional connection with their pet, the subject can be quite touchy considering the need not only to restart your love life...
How Divorce Affects Trusts in Massachusetts
Most couples arrange their financial affairs so that in the event that one of them dies prematurely, the other spouse is the major or only beneficiary. Shared children may change the arrangements that spouses make so that children are taken care of if one or the other...
Why is it Always Important to Leave a Mediation With a Signed Agreement in MA
Why agree to mediation? Mediation can be used in all sorts of circumstances where there is a disagreement or dispute between two parties. Mediation is rarely used for criminal cases. Examples of circumstances where mediation can be of use include: disputes between...
Divorce : Filing a Counter Claim in Massachusetts
A divorce is often a messy, complicated and stressful business. Decisions have to be made about assets, child custody, child and spousal support. Ideally, these decisions are made rationally and sensibly and an agreement made which suits both parting spouses and made...
What Does “Under Seal” Mean?
What is a “seal?” Seals have been around for hundreds of years, but their purpose has changed a lot during that time. The term “under seal” for instance, has little in common with the main reason for using a physical seal in the past. But what actually is a seal? The...
How Does Alternative Dispute Resolution (ADR) Work in the Case of a Divorce in Massachusetts?
Divorces are rarely so disputed that they end in litigation. In fact, there are several ways that a disputed divorce settlement can be resolved without the very public, stressful and expensive need to go to court. Alternative dispute resolution, or ADR for short, is a...
The 4 Most Common Causes of Neighborhood Disputes in Massachusetts
There is an old, but true, saying that you can’t choose your own family. For many people, it's also sometimes unfortunately true that you can’t choose your neighbors! While the ties that bind you or not to your neighbors are far less strong than those with your...
Can I Challenge an Unfair Divorce Settlement in Massachusetts?
Divorce is by its very nature often messy, emotionally fraught and frustrating. Somehow or other an agreement has to be made about shared assets, property and child custody. The longer a couple has been together, the greater the number of children and the more...
Changing Your Name – or Your Child’s – After a Divorce in Massachusetts
As if divorce wasn’t stressful enough, there are rules concerning changing your name after divorce and the names of any children you have physical custody for. In fact, many spouses who get divorced may not change their names at all and decide to keep their married...
Costly mistakes a will can help you avoid.
Did you know that 68% of Americans don't have a will? Estate planning and wills shouldn't be left until the last minute. A will gives your family guidance on how to divide your estate. If you die without a will, the court and the laws of your state determine how your...
Does Having a Trust Avoid the Need for Probate?
Many people leave worrying about what could happen to their property and other assets on death until it is too late. If you die before making a will or establishing a trust, your entire estate will be the responsibility of the court to distribute according to...
Prenuptial and Postnuptial Agreements: What are the Differences?
The future financial relationship between couples aiming to tie the knot can be tricky. Even when the two people start out married life more or less equal in assets, income and prospects, things can change over the period of married life. The arrival of children,...
What Does Family Law Cover in Massachusetts?
Family law is a category of mainly civil law that involves relationships or conflicts between members of a family, e.g. spouses, civil law partnerships, children and parents. Family law cases may overlap with criminal law occasionally, e.g. if there are cases of child...